Friday, March 28, 2014
Reckless Driving In Virginia Lawyers Fairfax Intoxicated
Lawyer - Virginia
Reckless Driving
As per Va. Code §
46.2-852, the general rule for reckless driving is defined as, irrespective of
the maximum speeds permitted by law, any person who drives a vehicle on any
highway recklessly or at a speed or in a manner so as to endanger the life,
limb, or property of any person shall be guilty of reckless driving.
Below is a sample
case of reckless driving in Virginia as interpreted by a lawyer in our firm.
Have you been
charged with Reckless Driving in Virginia and you are wondering what the
penalty is in VA?
Are you concerned
about the consequences of being charged with Reckless Driving in Virginia?
For a lot of our
clients, a charge of Reckless Driving can result in the loss of their job,
their security clearance, etc.
Don’t risk going
to court without a lawyer, if you have been charged with a crime of Reckless
Driving in Virginia.
If you have been
charged with a criminal offense of Reckless Driving in Virginia and you are
wondering what the penalty is in VA, contact our law firm for help.
We have client
meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg.
Contact our law
firm today to speak with a lawyer today about your Criminal Case. An attorney from our firm will do his best to
help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Steven v.
Commonwealth
Facts:
The appellate
court held that the blood alcohol level indicated in a PBT was conditionally
relevant, subject to being augmented by evidence tending to show that the
driver was driving in an intoxicated condition so as to endanger the life, limb
or property of others in Fairfax. No evidence established the significance of a
PBT of 0.04 or whether a person driving with a 0.04 level might be intoxicated
as evidence of reckless driving. The test result, alone, was inadmissible. The
error was not harmless. The evidence of defendant's reckless driving was not
overwhelming. The trooper acknowledged that he did not charge defendant with
driving under the influence (DUI), but the Commonwealth emphasized defendant's
consumption of alcohol. The jury could well have concluded that defendant,
while not guilty of DUI, was driving recklessly because she had 0.04 alcohol in
her system. If the Commonwealth sought to admit the PBT result on retrial, it
had to show that a.04 result indicated that defendant was intoxicated such that
her driving was dangerous to life, limb, or property of another, and defendant
was entitled to an instruction on the statutory presumptions of blood alcohol
concentration.
If you are facing
a traffic case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Virginia
Court made the following holding:
- Va. Code Ann. § 46.2-852
does not mention intoxication. Nor does the statute prohibit driving with
a particular blood alcohol level. Evidence of intoxication is a factor
that might bear upon proof of dangerous or reckless driving in a given
case even though it does not, of itself, prove reckless driving.
Therefore, in a reckless driving case, intoxication--not mere consumption
of some alcohol--is relevant to establishing that the defendant drove her
car so as to endanger the life, limb, or property of any person. §
46.2-852. In order to prove intoxication, proof of a defendant's blood
alcohol level may be introduced along with other evidence concerning the
significance of this blood alcohol level.
We have client
meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg.
An attorney from
our firm will do his best to help you.
We will do our
absolute best to help you get the best result possible based on the facts of
your case. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Disclaimer:
Our Phone #
Fairfax Virginia Lawyer

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